Neuman v. Grand View at Emerald Hills, Inc.
Neuman v. Grand View at Emerald Hills, Inc., 861 So. 2d 494 (Fla. 4th DCA 2003)
A condominium association rule prohibiting religious services in an auditorium common element does not violate the unit owners' right to peaceably assemble under Fla. Stat. §718.123. The Fourth District (Warner, J., for the court; Stone and Stevenson, JJ., concurring) applied a reasonableness standard, not a strict-scrutiny or free-exercise test. The board's rule was a reasonable exercise of its rule-making authority because the association (1) polled the membership and obtained roughly seventy percent approval, (2) acted unanimously at the board level, and (3) adopted the rule to avoid conflict among competing religious groups, not to disfavor any particular faith. Boards have "broad authority to enact rules for the benefit of the community," and reasonable rules will be upheld so long as they do not contravene specific statutory limitations.
Leading Fourth DCA authority on the §718.123 peaceable-assembly right and on the reasonableness standard governing condominium rule-making. Relevant to any disputes over restrictions on use of common elements — religious services, political gatherings, amplified meetings, or commercial activity. The 70-percent membership poll and unanimous board vote are repeatedly cited as factors that establish reasonableness.